Page:United States Statutes at Large Volume 94 Part 2.djvu/1172

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2450

Results and revisions, publication.

Publication in Federal Register.

PUBLIC LAW 96-487—DEC. 2, 1980

(C) assess the impacts of human activities and natural processes on the fish and wildlife and their habitats; (D) analyze the potential impacts of oil and gas exploration, development, and production on such wildlife and habitats; and (E) analyze the potential effects of such activities on the culture and lifestyle (including subsistence) of affected Native and other people. Within eighteen months after the enactment date of this Act, the Secretary shall publish the results of the study as of that date and shall thereafter publish such revisions thereto as are appropriate as new information is obtained. (d) GuiDEUNES.—(1) Within two years after the enactment date of this Act, the Secretary shall by regulation establish initial guidelines governing the carrying out of exploratory activities. The guidelines shall be based upon the results of the study required under subsection (c) and such other information as may be available to the Secretary. The guidelines shall include such prohibitions, restrictions, and conditions on the carrying out of exploratory activities as the Secretary deems necessary or appropriate to ensure that exploratory activities do not significantly adversely affect the fish and wildlife, their habitats, or the environment, including, but not limited to— (A) a prohibition on the carrying out of exploratory activity during caribou calving and immediate post-calving seasons or during any other period in which human activity may have adverse effects; (B) temporary or permanent closing of appropriate areas to such activity; (C) specification of the support facilities, equipment and related manpower that is appropriate in connection with exploratory activity; and (D) requirements that exploratory activities be coordinated in such a manner as to avoid unnecessary duplication. (2) The initial guidelines prescribed by the Secretary to implement this subsection shall be accompanied by an environmental impact statement on exploratory activities. The initial guidelines shall thereafter be revised to reflect changes made in the baseline study and other appropriate information made available to the Secretary. (e) EXPLORATION PLANS.—(1) After the initial guidelines are prescribed under subsection (d), any person including the United States Geological Survey may submit one or more plans for exploratory activity (hereinafter in this section referred to as "exploration plans") to the Secretary for approval. An exploration plan must set forth such information as the Secretary may require in order to determine whether the plan is consistent with the guidelines, including, but not limited to— (A) a description and schedule of the exploratory activity proposed to be undertaken; (B) a description of the equipment, facilities,^ and related manpower that would be used in carrying out the activity; (C) the area in which the activity would be undertaken; and (D) a statement of the anticipated effects that the activity may have on fish and wildlife, their habitats and the environment. (2) Upon receiving any exploration plan for approval, the Secretary shall promptly publish notice of the application and the text of the plan in the Federal Register and newspapers of general circulation in the State. The Secretary shall determine, within one hundred and twenty days after any plan is submitted for approval, if the plan is consistent with the guidelines established under subsection (d). If the